A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On November 19, 2012, the Defendant was sentenced to a suspended sentence of three years on November 27, 2012 at the Seoul East Eastern District Court for the crime of injury, and the said judgment became final and conclusive on November 27, 2012.

【Criminal Facts】

The Defendant is a person who is engaged in driving a multilateral car.

On July 15, 2015, around 16:18, the Defendant was demanded from a police officer to respond to the measurement of drinking alcohol by inserting approximately 30 minutes in a breath of alcohol measuring instruments, on the ground that there are reasonable grounds to recognize that the Defendant was driving while under the influence of alcohol, such as smelling, smelling, and snicking, etc., in Songpa-gu Seoul.

Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Written statements of D;

1. A traffic accident report (on the actual condition survey report), an investigation report, an investigation report (related to the measurement of alcohol by a victim), an investigation report (related to the statement of a sprinker), and an investigation report (related to the refusal of a s

1. Previous records of judgment: Application of inquiries, such as criminal records, etc., pre-disposition records, and reporting of results of confirmation Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant has been punished by a fine and twice due to drunk driving, and that he committed a crime during the period of suspension of execution.

However, it is decided as per the disposition in consideration of the fact that it is against the law, the distance of drinking driving is short, and the married couple must be mixed.